# Landlord/Tenant Question. **URL:** \ **Category:** In My Humble Opinion\ **Created:** [May 29, 2011, 11:07pm UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709 "2011-05-29T23:07:30Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 30, 2011, 5:12am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/21 "2011-05-30T05:12:59Z")
> [@RADTENN](#): > > I do not believe I have to list every reason in order for someone to believe me. No, I suppose not. And the reasons you listed are dumb reasons to try to get somebody out, but they’re also not discriminatory. Well, at least not for a protected reason. If one of the other reasons she listed _WAS_ discriminatory it might be helpful to list it. I suppose what I’m saying is you would probably get better, more accurate advice if you were to post the whole story and all 13 reasons. By not posting the other 7 it starts to look like you’re trying to hide something like the illegal grow op you had in the bathroom, or the fact that you haven’t paid rent in 4 months. ---
**Author:** ![RADTENN](https://avatars.discourse-cdn.com/v4/letter/r/3ab097/32.png) [@RADTENN](https://boards.straightdope.com/u/RADTENN)\ **Post date:** [May 30, 2011, 5:13am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/22 "2011-05-30T05:13:42Z")
> [@WhyNot](#): > > Okay, why did she say that? Have you been paying rent to _her_? Do you have receipts or canceled checks for the rent? Or have you been paying rent to your roommate? Is your month-to-month oral agreement with the landlord or your roommate? > > This isn’t nitpicking, it’s absolutely critical to deciding if you’re a subletter, which may change things a whole lot. We both have an oral agreement with the landlord. I am not a subletter. I give my roommate the money and he mails everything to her. Like I said she is lying and looking for reasons to move me out. Many Landlords have no knowlegde about the rights tenants have and most of them do not find this out until they have violated the tenants rights. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [May 30, 2011, 5:19am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/23 "2011-05-30T05:19:42Z")
> [@RADTENN](#): > > We both have an oral agreement with the landlord. I am not a subletter. I give my roommate the money and he mails everything to her. And you’re absolutely certain he’s been mailing your rent to her on time every month? Again, do you have cancelled checks or other proof that she’s been receiving your rent payments? It just seems odd that she’d accuse you of not paying rent when it should be easy for you to show that you have, you know? > [@](#): > > Like I said she is lying and looking for reasons to move me out. Many Landlords have no knowlegde about the rights tenants have and most of them do not find this out until they have violated the tenants rights. Absolutely, and the timing is very, very suspicious, I understand that. I’m not sure it’s enough to win you a lawsuit, without an overt discriminatory statement on her part, but I’m not a lawyer, either. Maybe the fact that she’s not targeting your roommate while she is targeting you is enough evidence, I don’t know. I do hope you get the help you need, I’m just not sure we can give it to you here. ---
**Author:** ![RADTENN](https://avatars.discourse-cdn.com/v4/letter/r/3ab097/32.png) [@RADTENN](https://boards.straightdope.com/u/RADTENN)\ **Post date:** [May 30, 2011, 5:23am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/24 "2011-05-30T05:23:18Z")
> [@alice\_in\_wonderland](#): > > No, I suppose not. And the reasons you listed are dumb reasons to try to get somebody out, but they’re also not discriminatory. Well, at least not for a protected reason. > > If one of the other reasons she listed _WAS_ discriminatory it might be helpful to list it. > > I suppose what I’m saying is you would probably get better, more accurate advice if you were to post the whole story and all 13 reasons. > > By not posting the other 7 it starts to look like you’re trying to hide something like the illegal grow op you had in the bathroom, or the fact that you haven’t paid rent in 4 months. If you tried to make a discrimination case just on the dumb reasons you would lose. However, the timing is the major part of this problem. She found out I was hospialized for a cerain reason. She no longer wanted me as a tenant. Thats her right. Just properly give me the notice to move out. Had she did this I would be gone. But she did not. You must not of paid attention to all that was said. Notice I said she said some of the problems where my roommates and mine? Notice I said he is allowed to fix the problems and still live here? Notice I was not given the same rules? My friend this is how housing discrimination wrongs. If a landlord’s IQ is so low she writes the “do nor rent to whites” as reason to move out, she would lose everything she owns. Therefore, landlords cannot come right and say that. This is where she may have a problem according to HUD. HUD said, "she is really reaching to find reasons to get rid of you. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 30, 2011, 5:23am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/25 "2011-05-30T05:23:57Z")
> [@RADTENN](#): > > We both have an oral agreement with the landlord. I am not a subletter. I give my roommate the money and he mails everything to her. > > Like I said she is lying and looking for reasons to move me out. Many Landlords have no knowlegde about the rights tenants have and most of them do not find this out until they have violated the tenants rights. Ok - have you perused this website: [http://www.tenantslegalcenter.com/html/evictions.html](http://www.tenantslegalcenter.com/html/evictions.html)? It appears to be relevant to you. A further link from that page is here: [http://docs.sandiego.gov/municode/MuniCodeChapter09/Ch09Art08Division07.pdf](http://docs.sandiego.gov/municode/MuniCodeChapter09/Ch09Art08Division07.pdf) Were any of the 13 reasons she listed for the eviction here: > [@](#): > > (a) Nonpayment of Rent. > > (b) Violation of Obligation of Tenancy. The tenant has violated a lawful and > material obligation or covenant of the tenancy, except that the following may > not be grounds for termination or nonrenewal of a tenancy: > > (1) The failure to surrender possession of the rental-unit upon the > expiration of a specified term, except as provided in > section 98.0730(e); > > (c) Nuisance. The tenant is committing a nuisance or permitting a nuisance in, or > is causing damage to, the rental-unit or to the appurtenances thereof or to the > common areas of the housing complex containing the rental-unit, or is > creating an unreasonable interference with the comfort, safety, or enjoyment > of any of the other residents of the housing complex. > > (d) Illegal Use. The tenant is using or permitting the rental-unit to be used for an > illegal purpose. > > (e) Refusal to Renew Lease. The tenant who had a written lease or rental > agreement which terminated on or after April 26, 2004 has refused, after > written request by the landlord, to execute a written extension or renewal > thereof within the written period prescribed by the lease or state law for a > further term of like duration with similar provisions. > > (f) Refusal to Provide Access. The tenant has refused to give the landlord > reasonable access to the rental-unit for the purpose of making repairs or > improvements, or for the purpose of inspection as permitted or required by the > lease or by law, or for the purpose of showing the rental-unit to any > prospective purchaser or mortgagee. > > (g) Correction of Violations. The landlord, after having obtained all necessary > permits from the City of San Diego, seeks to recover possession of the rental unit for necessary repair or construction when removal of the tenant is > reasonably necessary to accomplish the repair or construction work. > > (h) Withdrawal of Residential Rental Structure from the Rental Market. The > landlord intends to withdraw all rental-units in all buildings or structures on a > parcel of land from the rental market. > > (i) Owner or Relative Occupancy. The landlord, or his or her spouse, parent, > grandparent, brother, sister, child, grandchild (by blood or adoption), or a > resident manager plans to occupy the rental unit as their principal residence. because those reasons for eviction appear to provide an affirmative defense for the landlord. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 30, 2011, 5:27am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/26 "2011-05-30T05:27:48Z")
Ok, so what you’re saying is that she found out you were in hospital with Ebola (or something) and now she wants you out and she’s making stupid excuses to get rid of you - I can fully believe that a landlord would do that. So, have you spoken to a lawyer? Contacted any of the people at the site I listed above? Has she served you with an Unlawful Detainer, and if so have you responded? ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [May 30, 2011, 5:29am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/27 "2011-05-30T05:29:49Z")
Assuming she’s not nuts, you are a very long term tenant and there is apparently some specific reason she wants you, a (presumably reliable) rent paying tenant, out. You have not given any meaningful reason as to why this is, so all we can do is guess at the outline you have given of the scenario which is kind of silly. Why (specifically) does she want you out? You have to know. If you are doing something dangerous or annoying she might have good reason to want you to vacate. Beyond this, based on your description it does not sound like a great place to live. A new place might be much nicer. ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [May 30, 2011, 5:30am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/28 "2011-05-30T05:30:38Z")
You were hospitalized for mental problems, eh? Yeah, that would be discriminatory. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [May 30, 2011, 5:31am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/29 "2011-05-30T05:31:23Z")
> [@RADTENN](#): > > She no longer wanted me as a tenant. Thats her right. Just properly give me the notice to move out. Had she did this I would be gone. But she did not. Wait, now I’m really confused. You said she wrote the letter on March 28, which you received on April 2nd, to vacate June 30, and that 60 days notice is required in your state. By my calculations, that’s at least \*89 \*days notice she gave you. More than is considered proper in your area. Is your complaint that she sent the notice to vacate and the list of reasons in the same letter, rather than as two separate documents? That seems…unreasonable. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 30, 2011, 5:35am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/30 "2011-05-30T05:35:55Z")
> [@WhyNot](#): > > Is your complaint that she sent the notice to vacate and the list of reasons in the same letter, rather than as two separate documents? That seems…unreasonable. I _believe_ (although I’m sort of guessing here) that the OP believes that the real reason the landlord wants him out is due to some sort of health condition he has and is trying to trump up charges against him to get him out of the property. I further believe that he is suggesting that if he was guilty of an evictable (yah, yah, not a word) offense, he would take his eviction notice and move; however, he believes that is not the case and would like to know if there’s any way to fight it. ---
**Author:** ![RADTENN](https://avatars.discourse-cdn.com/v4/letter/r/3ab097/32.png) [@RADTENN](https://boards.straightdope.com/u/RADTENN)\ **Post date:** [May 30, 2011, 5:42am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/31 "2011-05-30T05:42:40Z")
> [@alice\_in\_wonderland](#): > > Ok, so what you’re saying is that she found out you were in hospital with Ebola (or something) and now she wants you out and she’s making stupid excuses to get rid of you - I can fully believe that a landlord would do that. > > So, have you spoken to a lawyer? Contacted any of the people at the site I listed above? Has she served you with an Unlawful Detainer, and if so have you responded? You hit the nail on the head. No I do not have the money to afford a lawyer. HUD, even though they are investigating the complaint cannot stop her from evicting me after June 30, 2011. Thats why I thought I would try here for some information. However, HUD said if she follows through with the eviction once the complaint has been served to her she will be in for huge punitive damages awarded by the court. But, I just want to keep living like I have for the past 6 years. It’s hard to find a place to live when you have disablities. I am really glad you figured out what I have been trying to say. Yes all 13 reasons are dumb, that’s why I choose not to list them all. She has not serve me the unlawful detainer yet. Legally she cannot until July 1, 2011 comes. ---
**Author:** ![RADTENN](https://avatars.discourse-cdn.com/v4/letter/r/3ab097/32.png) [@RADTENN](https://boards.straightdope.com/u/RADTENN)\ **Post date:** [May 30, 2011, 5:46am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/32 "2011-05-30T05:46:27Z")
> [@alice\_in\_wonderland](#): > > Ok - have you perused this website: > > [http://www.tenantslegalcenter.com/html/evictions.html](http://www.tenantslegalcenter.com/html/evictions.html)? > > It appears to be relevant to you. > > A further link from that page is here: > > [http://docs.sandiego.gov/municode/MuniCodeChapter09/Ch09Art08Division07.pdf](http://docs.sandiego.gov/municode/MuniCodeChapter09/Ch09Art08Division07.pdf) > > Were any of the 13 reasons she listed for the eviction here: > > because those reasons for eviction appear to provide an affirmative defense for the landlord. No. Not one of these were a reason for me to move out. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [May 30, 2011, 5:49am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/33 "2011-05-30T05:49:33Z")
> [@alice\_in\_wonderland](#): > > I _believe_ (although I’m sort of guessing here) that the OP believes that the real reason the landlord wants him out is due to some sort of health condition he has and is trying to trump up charges against him to get him out of the property. > > I further believe that he is suggesting that if he was guilty of an evictable (yah, yah, not a word) offense, he would take his eviction notice and move; however, he believes that is not the case and would like to know if there’s any way to fight it. That’s what I thought, too, until he posted the part I quoted. He says it’s her right to no longer want him as a tenant, and that if she “given him proper notice” he’d “be gone”. So that’s why I’m confuddled. The time given is “proper notice” and then some, the only thing that doesn’t seem to be “proper” (going back to the OP) about the notice is that the list of reasons were given with the notice, rather than, “tenant laws state…two notices- a 60 day notice and another notice stating the reason(s) why the tenant has to move out.” If his outrage stems from getting a single notice with both pieces of information instead of two separate notices, and he’s displacing this outrage to the perception of discrimination, I’m not sure I’m as inclined to believe there’s actual illegal discrimination going on here. It sounds like he’s just as desperate to cling to the letter, rather than spirit, of the law as he’s accusing her of being by hiding this alleged discrimination with a list of trumped up complaints. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 30, 2011, 5:52am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/34 "2011-05-30T05:52:12Z")
Ugh - well that sounds like a craptastic situation and I’m not sure there’s much you can do until after the fact. What does your roommate say about all this? Is (s)he planning on moving with you? Or staying put? Have you looked for another place? FWIW, if your rent is subsidized or controlled you may have a better legal footing. I really think you will need to find some sort of legal representation to help you though - many municipalities have a free or low cost lawyer service for people without much money - have you looked into that option? Or does the VA provide any assistance in this regard? I think it’s too complicated to go it alone. ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [May 30, 2011, 5:52am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/35 "2011-05-30T05:52:19Z")
I believe she probably is being discriminatory, which is unfortunate for **RADTENN** , and kind of stupid on her part, since as a landlord she can legally evict any tenant she chooses if she goes through the proper procedures. She’s making more trouble for herself than she needed to. ---
**Author:** ![RADTENN](https://avatars.discourse-cdn.com/v4/letter/r/3ab097/32.png) [@RADTENN](https://boards.straightdope.com/u/RADTENN)\ **Post date:** [May 30, 2011, 5:53am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/36 "2011-05-30T05:53:01Z")
> [@Cat\_Whisperer](#): > > You were hospitalized for mental problems, eh? Yeah, that would be discriminatory. Would a moderator please remove this statement. It is offensive and I never said I had any type of mental problems. Cat Whisperer, Please do not respond to any more to this thread. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 30, 2011, 5:55am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/37 "2011-05-30T05:55:20Z")
> [@WhyNot](#): > > The time given is “proper notice” and then some, the only thing that doesn’t seem to be “proper” (going back to the OP) about the notice is that the list of reasons were given with the notice, rather than, “tenant laws state…two notices- a 60 day notice and another notice stating the reason(s) why the tenant has to move out.” No - it looks like in certain circumstances the landlord needs to have a specific, valid reason for eviction (see the list I posted up thread) - San Diego appears to have some specific requirements and there are additional requirements if the unit is subsidized or rent controlled. If no such reason has been given then I don’t think she’s allowed to give the OP the boot. Of course, I have no idea, sort of getting a lawyer, how he would fight such a thing. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [May 30, 2011, 5:58am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/38 "2011-05-30T05:58:43Z")
> [@RADTENN](#): > > Would a moderator please remove this statement. It is offensive and I never said I had any type of mental problems. Dude, you’re new here so I’m going to let you in on a tip - almost _EVERYBODY_ on here has some sort of mental problems. Many of them wear it as a badge of pride. If it was, in fact, a mental health issue that had you in hospital - well, you won’t get shit here for that. If it was something else, that’s ok too. But really, you’re seeing offense where none exists or was intended. Trust me - if anything **Cat Whisperer** was commiserating with you (she’s an advocate of those with anxiety disorders, having had one herself). BTW - unless it’s spam, mods here don’t remove posts. ---
**Author:** ![WhyNot](https://avatars.discourse-cdn.com/v4/letter/w/c77e96/32.png) [@WhyNot](https://boards.straightdope.com/u/WhyNot)\ **Post date:** [May 30, 2011, 5:59am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/39 "2011-05-30T05:59:46Z")
> [@alice\_in\_wonderland](#): > > No - it looks like in certain circumstances the landlord needs to have a specific, valid reason for eviction (see the list I posted up thread) - San Diego appears to have some specific requirements and there are additional requirements if the unit is subsidized or rent controlled. I did see the list you posted, and nonpayment of rent is the first item on it. Which she claims he isn’t. He claims he is, but apparently has no proof. ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [May 30, 2011, 6:00am UTC](https://boards.straightdope.com/t/landlord-tenant-question/583709/40 "2011-05-30T06:00:10Z")
> [@RADTENN](#): > > Would a moderator please remove this statement. It is offensive and I never said I had any type of mental problems. > > Cat Whisperer, > > Please do not respond to any more to this thread. I wasn’t trying to be offensive, but you’re right - we don’t need to know the details of what you were in the hospital for to give you the advice that you have requested from us. I’m sorry that I offended you. [Previous page](https://boards.straightdope.com/t/landlord-tenant-question/583709.md?page=1) [Next page](https://boards.straightdope.com/t/landlord-tenant-question/583709.md?page=3)